Legal Stuff

Terms of Use

By accessing or using the American Advertising Federation Utah (“AAF-Utah”) website at www.aafutah.com/.org (the ”Site”) or the mobile version thereof or any other website owned, created or maintained by AAF-Utah, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of AAF-Utah. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Trademarks

AAF-Utah graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of AAF-Utah in the U.S. and/or other countries. AAF-Utah’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AAF-Utah and then only to the extent of such written permission.

Copyright

All text, design, images, illustrations, photographs, icons, video clips, software and other elements of the Site are protected under copyright laws. The contents are copyrighted works, trademarks, trade dress or other intellectual property owned, controlled or licensed by AAF-Utah. No part of the Site may be reproduced, posted, transmitted or distributed in any form without prior written consent.

Because AAF-Utah respects intellectual property rights, we make every effort to identify and protect copyrighted works. Please report any materials on this web site that you suspect of copyright infringement to DeeAnn Budge, AAF-Utah, 230 W 200 S #2102, Salt Lake City, UT 84101, AAF-Utah’s designated agent under the Digital Millennium Copyright Act.

User Conduct

You agree not to use the Site to:

harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair it;
use automated scripts to collect information from or otherwise interact with the Site;
upload, post, transmit, share, store or otherwise make available any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable and we reserve the right to reject or remove such content that we determine is objectionable in our sole discretion;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post, transmit, share, store or otherwise make available content that is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type.

Third Party Websites and Content

AAF Utah.com/.org contains links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Disclaimers

We are not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site, whether posted or caused by users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Site.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. AAF-Utah is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site including any Mobile Client software. Under no circumstances will AAF-Utah be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the site, whether online or offline.

AAF-Utah reserves the right to change any and all content, software and other items used or contained in the site without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by AAF-Utah.Any information sent to us via Internet e-mail is not secure and is done so on a non-confidential basis.

Limitation on Liability

In no event will AAF-Utah or its directors, officers, management, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site, any platform applications or any of the Site content or other materials on, accessed through or downloaded from the Site, even if AAF-Utah is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AAF-Utah’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AAF-Utah for the service during the term of membership, but in no case will our liability to you exceed $500. You acknowledge that if no fees are paid to us, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from AAF-Utah, regardless of the cause of action.

The information presented on this Site is presented on an “as is” basis and may not always be current, accurate or complete. Any representation that it is, is expressly disclaimed. By visiting this Site and agreeing to this disclaimer, you are acknowledging that AAF-Utah is not liable to you or others in any way for the accuracy or completeness of information. Use of the Site is at your risk. We are also not liable for any damages caused by viruses contained within electronic files of this or any linked web site.

Neither AAF-Utah nor any other party involved in creating, producing or delivering our Site shall be liable for any direct or indirect damages caused by use of our site.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Disclaimer of Postings

The information and opinions expressed in postings on the Site are not necessarily those of AAF-Utah or its content providers, advertisers, sponsors, affiliated or related entities, and AAF-Utah makes no representations or warranties regarding that information or those opinions. AAF-Utah does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Governing Law; Venue and Jurisdiction

By visiting or using the Site, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AAF-Utah or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Utah, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Utah.

Policies for Children

Any visitors to this web site who are under the age of 13 are advised not to provide any personally identifiable information on our site. In accordance with the Children’s Online Privacy Protection Act of 1998, we will delete any personally identifiable information that is discovered.

More information about the Children’s Online Privacy Protection Act of 1998, can be found at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/.

Arbitration

You and AAF-UTAH agree that, except as may otherwise be provided in regard to specific services on the Site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the Site) shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold AAF-Utah, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, provided by you to AAF-Utah are non-confidential and shall become the sole property of AAF-Utah that shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User-Posted Information

AAF-Utah reserves the absolute discretion to restrict access privileges of any user who posts or transmits any advertising “spam” or other inappropriate material for the Site. We disclaim all responsibility or liability arising from such unauthorized transmission.